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2007 Supreme(Mad) 320

S.MANIKUMAR
The Manager, National Insurance Co. Ltd. – Appellant
Versus
Padmavathy – Respondent


Advocates Appeared:
For the Petitioner:M. Krishnamoorthy, Advocate.
For the Respondent:G. Jeremiah, P. Krishnan, Advocates.

Judgment :-

(Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree, dated 31.03.2005 made in M.A.C.T.O.P.No.600 of 2003 on the file of the Motor Accidents Claims Tribunal (Subordinate Judge), Thiruvallur.)

(Aggrieved by the quantum of compensation, the Insurance Company has preferred this appeal. Wife and seven children of the deceased are the claimants.)

2. The deceased was aged 52 years at the time of accident and was working as a Telephone Supervisor in B.S.N.L., Vellore. On 22.10.2003, about 9.30 a.m., when the deceased was travelling in a motor-cycle, bearing Registration No.TN 22H 1611 along the left side of the road from his residence to his office, near Ponnu marriage hall, a lorry, bearing Registration No.T.P.02 T 0473 dashed against the motor-cycle from the rear side and the deceased sustained multiple injuries and died on the same day.

3. Respondents/claimants claimed Rs.15,00,000/- as compensation. The Tribunal on evaluation of pleadings and evidence awarded compensation of Rs.12,12,096/- with interest at the rate of 9% per annum, under the following heads:

(i) Loss of earning Rs. 10,97,096.00

(ii) Funeral expens




























































































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